Students' biblical banners allowed for now

By Erin Mulvaney

Updated 12:17 am, Friday, October 19, 2012

Photo: Guiseppe Barranco, STAFF PHOTOGRAPHER

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Texas Attorney General Greg Abbott said Tuesday that he supports the religious expression of the Kountze cheerleaders and the district's attorney's who claim the Texas Education Code is unconstitutional. Kountze cheerleader Meagan Tantillo, 17, creates a banner Wednesday for Friday's football game.

Texas Attorney General Greg Abbott said Tuesday that he supports the religious expression of the Kountze cheerleaders and the district's attorney's who claim the Texas Education Code is unconstitutional.

Texas Attorney General Greg Abbott said Tuesday that he supports the religious expression of the Kountze cheerleaders and the district's attorney's who claim the Texas Education Code is unconstitutional. Kountze cheerleader Cassie Page, 14, creates a banner Wednesday for Friday's football game.

Texas Attorney General Greg Abbott said Tuesday that he supports the religious expression of the Kountze cheerleaders and the district's attorney's who claim the Texas Education Code is unconstitutional.

Texas Attorney General Greg Abbott said Tuesday that he supports the religious expression of the Kountze cheerleaders and the district's attorney's who claim the Texas Education Code is unconstitutional. Kountze cheerleader Meagan Tantillo, 17, creates a banner Wednesday for Friday's football game.

Texas Attorney General Greg Abbott said Tuesday that he supports the religious expression of the Kountze cheerleaders and the district's attorney's who claim the Texas Education Code is unconstitutional.

Liberty Institute attorney J. Michael Johnson had good news Thursday for Kountze High cheerleaders Kieara Moffett, left, and Rebekah Richardson after state District Judge Steve Thomas allowed the squad to

Cheerleader Rebekah Richardson is all smiles Thursday after the judge's decision to let her squad continue using Scripture-based banners at football games.

Cheerleader Rebekah Richardson is all smiles Thursday after the judge's decision to let her squad continue using Scripture-based banners at football games.

Photo: Dave Ryan

Students' biblical banners allowed for now

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Cheerleaders in the southeast Texas town of Kountze may continue displaying banners with Bible verses during football games until a lawsuit over the issue is resolved, a judge ruled Thursday.

State District Judge Steve Thomas of Hardin County granted a temporary injunction in a lawsuit that put the town of 2,100 residents in the center of a national debate about religious freedom and the First Amendment.

Thomas ruled that a ban imposed by the Kountze Independent School District appears to have violated the cheerleaders' right to religious expression. Because the trial has been set for June 24, the outcome will be a moot point for this football season.

During this season's games, football players burst through signs hoisted by the cheerleading squad referencing Bible passages such as, “I can do all these through Christ who strengthens me,” and “If God is for us, who can be against us?” The banners prompted a complaint on constitutional grounds from the Freedom from Religion Foundation, which said it was acting to protect the separation of church and state.

The attorney general praised the court's decision Thursday, calling it a victory for religious freedom.

Annie Laurie Gaylor, co-president of the foundation, said the signs were displayed at a school-sanctioned event and clearly represent school-sponsored, government speech.

“These cheerleaders represent the school district, and government speech may not endorse religion,” she said. “They are supposed to represent school spirit. They are not supposed to represent the spirit of Jesus.”

Tom Brandt, the Dallas-based attorney representing Kountze Independent School District, said the district's decision to ban the banners was a straightforward effort to interpret the law.

He cited the U.S. Supreme Court's decision in a case involving Texas' Santa Fe ISD, which held that student-led prayers at a public high school game violated the Establishment Clause.

“It's hard for us to figure out how the banners aren't analogous to the situation with speech in Santa Fe,” Brandt said.

Brandt said the school superintendent and board members didn't want to violate anyone's rights by endorsing or being hostile toward a religion.

“We are trying to walk a thin line,” Brandt said.

The Anti-Defamation League issued a statement Thursday criticizing Thomas' ruling.